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ARTICLE II.
PROCUREMENT DIRECTOR AUTHORITY*
PROCUREMENT DIRECTOR AUTHORITY*
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* Editors Note: See editor's note at Art. I.
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Sec. 28-11(1).Except as otherwise provided in this chapter, the director may adopt operational procedures, consistent with this chapter, governing the procurement and management of all materials, services, construction and construction services to be procured by this city and the disposal of materials.
Sec. 28-11(2). The director shall serve as the central procurement and contracting authority of this city.
Sec. 28-11(3). Except as otherwise provided in this chapter, the director shall:
(a) Procure or supervise the procurement of all materials, services and construction needed by this city.
(b) Establish guidelines for the management of all inventories of materials belonging to this city.
(c) Manage the disposal of materials belonging to the city.
(d) Sell, trade or otherwise dispose of surplus materials belonging to this city.
(e) Prepare, issue, revise, maintain, and monitor the use of specifications for materials, services and construction required by this city.
(f) Manage the city’s procurement card (pCard) program.
(g) Manage the city’s mail services division.
(h) Manage the city's Small Business Enterprise (SBE) and Disadvantaged Business Enterprise (DBE) programs.
Sec. 28-11(4). The director may delegate procurement authority to designees or to any department or official of the city.
Sec. 28-11(5). The director may determine in writing that noncompliance with any provision of this chapter is nonsubstantial and may allow for correction or may waive minor informalities or irregularities. The basis for the decision shall be included in the determination.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
ARTICLE III.
SOURCE SELECTION AND CONTRACT FORMATION*
SOURCE SELECTION AND CONTRACT FORMATION*
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* Editors Note: See editor's note at Art. I.
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In this article, unless the context otherwise requires:
Sec. 28-15(1). "Best value" means a technique in the competitive sealed bid process which permits the evaluation of objective criteria to determine the best overall value to the city.
Sec. 28-15(2). "Discussions" means communication with an offeror, bidder or respondent for the purpose of:
(a) Eliminating minor irregularities, informalities, or apparent clerical mistakes in the offer or response;
(b) Clarifying any offer or response to assure full understanding of, and responsiveness to, solicitation requirements;
(c) Resolving minor variations in contract terms and conditions; or
(d) Establishing the competency or financial stability of any offeror, bidder or respondent.
Sec. 28-15(3). "Invitation for bid" means all documents, written or electronic, whether attached or incorporated by reference, which are used for soliciting bids in accordance with the procedures prescribed in section 28-17.
Sec. 28-15(4). "Invitation for reverse auction bids" means all documentation, written or electronic, whether attached or incorporated by reference, which are used for soliciting bids in accordance with procedures prescribed in section 28-24.
Sec. 28-15(5). "Minor informality" means mistakes, or non-judgmental errors, that have negligible effect on price, quantity, quality, delivery, or other contractual terms and the waiver or correction of such mistakes does not prejudice other bidders, offerors or respondents.
Sec. 28-15(6). “Negotiations” means an exchange of information or any form of cooperation during which the offeror and the city may alter or otherwise change the scope of work, conditions, terms, and price, unless prohibited, of the proposed contract.
Sec. 28-15(7). "Proposal revision" means a change to a proposal made after the solicitation closing date, at the request of or as allowed by a contract officer, as the result of negotiation.
Sec. 28-15(8). "Request for proposals" means all documents, written or electronic, whether attached or incorporated by reference, which are used for soliciting proposals in accordance with procedures prescribed in section 28-18.
Sec. 28-15(9). "Request for qualifications" means all documents, written or electronic, whether attached or incorporated by reference, which are used for soliciting responses from qualified respondents in accordance with article V.
Sec. 28-15(10). "Request for quotation" means a process for small purchases as defined in section 28-16.
Sec. 28-15(11). “Responsible bidder, offeror, or respondent” means a person who has the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance.
Sec. 28-15(12). “Responsive bidder “ means a person who submits a bid which conforms in all material respects to the invitation for bids.
Sec. 28-15 (13). “Reverse auction” means an electronic auction in which the role of the buyer and seller are reversed. In an ordinary auction (also known as a forward auction), buyers compete to obtain a good or service. In a reverse auction, sellers compete to obtain business. Bids shall be publicly posted throughout the auction to encourage competition.
Sec. 28-15(14). “Solicitation” means an invitation for bids, a request for technical proposals, a request for proposals, a request for qualifications, a request for quotations, an invitation for reverse auction bids or any other invitation or request by which the city invites a person to participate in a procurement.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
All contracts of the city shall be awarded by one of the methods of source selection specified in this chapter and by the dollar thresholds specified herein.
Sec. 28-16(1). Small purchases. A small purchase is any contract not exceeding the dollar amount prescribed in A.R.S. § 41-2535(A) of the Arizona Procurement Code. Small purchases may be made in accordance with the small purchase procedures authorized in this section. Contract requirements shall not be artificially divided so as to constitute a small purchase under this section.
Sec. 28-16(1)(a). Small purchases under ten thousand dollars ($10,000.00). The director shall adopt operational procedures for making small purchases of ten thousand dollars ($10,000.00) or less.
Sec. 28-16(1)(b). Small purchases over ten thousand dollars ($10,000.00). Insofar as it is practical for small purchases in excess of ten thousand dollars ($10,000.00) but less than the dollar amount prescribed in A.R.S. § 41-2535(A) of the Arizona Procurement Code, a request for quotation shall be solicited from no less than three (3) businesses. Award shall be made to the responsible respondent, whose offer is most advantageous to the city and conforms in all material respects to the small purchase requirements. The responses shall be maintained as a public record.
Sec. 28-16(2). Consideration of taxes in small purchases. In evaluating small purchases, except for procurement of construction, for purposes of evaluating price, the director shall include the amount of applicable business privilege tax. The amount of a city's business privilege tax shall not be included in the evaluation except in those instances in which the award is between a Tucson bidder and an Arizona-based, non-Tucson bidder. In this event, the applicable city business privilege tax shall be included in the non-Tucson bidder's price for evaluation purposes only.
Sec. 28-16(3). Purchases exceeding the small dollar threshold: Purchases that exceed the dollar amount prescribed in A.R.S. § 41-2535(A) of the Arizona Procurement Code shall be made in accordance with one of the procedures authorized in the following sections: 28-17 (competitive sealed bidding), 28-18 (competitive sealed proposals), 28-21 (sole source procurements), 28-22 (emergency procurements), 28-23 (special procurements), 28-24 (competitive reverse auctions), 28-48 (procurement of professional design services), and 28-50 (procurement of construction services).
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
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